%PDF-1.6 % WebWithout this information, lesbian, gay, bisexual, and transgender (LGBT) patients and their specific health care needs cannot be identified, the health disparities they experience cannot be addressed, and important health care services may not be delivered. Twenty states and the District of Columbia currently prohibit discrimination in the workplace based on sexual orientation and gender identity (Human Rights Campaign, 2017). Some transgender people are prescribed hormones by their doctors to bring their bodies into alignment with their gender identity. Under HIPAA regulations, hospitals may use or disclose a patients protected health information to a family member, other relative, close personal friend or any other person the patient identifies. For more information about when the Protected Health Information definition may not apply to a health care provider or health plan, please see The HIPAA Definition of Covered Entities Explained. In many locations, states have passed privacy laws with more stringent protections than HIPAA and, in these locations, state law preempts HIPAA. As it would be impractical for HIPAA to stipulate there has to be fewer than so many Mr. Xs in a population of Y before the two identifiers are considered to be PHI, all combinations of identifiers maintained in a designated record set are considered PHI under HIPAA even Mr. LGBTQIA+ is an abbreviation for lesbian, gay, bisexual, transgender, queer or questioning, intersex, asexual, and more. US EEOC endstream endobj startxref In conclusion, there is no doubt that understanding what is considered Protected Health Information under HIPAA can be complicated; but, by identifying what is Protected Health Information and what isnt and knowing when protections are applied to non-health information and when they are not Covered Entities and Business Associates can accelerate the flow of information and reduce the number of unjustified complaints by patients to HSS Office for Civil Rights. WebWithout this information, lesbian, gay, bisexual, and transgender (LGBT) patients and their specific health care needs cannot be identified, the health disparities they experience cannot be addressed, and important health care services may not be delivered. This decision expanded federal recognition of the rights of individuals in same-sex marriages, but did not resolve the status of such rights under state law. WebProtected Health Information (PHI) is an individuals health information that is created or received by a health care provider related to the provision of health care by a covered entity that identifies or could reasonably identify the individual. (2013). As an added layer of protection, legal experts advise that patients express their wishes regarding hospital visitation, medical decision-making and other health issues by completing advanced healthcare directives. that is maintained in the same record set as individually identifiable information (i.e., a name, an address, a phone number, etc.). (2017). Under HIPAA, PHI ceases to be PHI if it is stripped of all identifiers that can tie the information to an individual. Please report privacy incidents promptly using the online reporting tool (link below) or the Hotline phone number at, Auditing Access to Electronic Medical Record, Employee Access to Protected Health Information, Fundraising, Marketing, Informational Newsletter Guidelines, Surprise Billing and Good Faith Estimate Notices, Avisos de facturas mdicas sorpresas y avisos de presupuestos de buena fe, All geographical subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent geocodes, All elements of dates (except year) for dates directly related to an individual, including birth date, admission date, discharge date, date of death, and all ages over 89 and all elements of dates (including year) indicative of such age, Vehicle identifiers and serial numbers, including license plate numbers, Biometric identifiers, including finger and voice prints, Full face photographic images and any comparable images, and, Any other unique identifying number, characteristic, or code. Some undergo surgery as well. Once considered a pejorative term, queer has been reclaimed by some LGBTQIA+ people to describe themselves; however, it is not a universally accepted term even within the LGBTQIA+ community. With regards to written authorizations, it is important to be aware that individuals have the right to revoke their authorizations at any time. Youth In addition to the federal rules, information about patients may be protected in two other ways. Whether youre looking for a job, support with transitioning in the workplace or information on job training options, The Center can help you achieve your professional goals. All other requests for access to information under HIPAA must be accompanied by a written authorization from the patient. Two years later, on June 26, 2015, in Obergefell v. Hodges, the Court held that the Fourteenth Amendment requires a state to license a marriage between two people of the same sex and to recognize same-sex marriages lawfully performed in other States. Before explaining these terms, it is useful to first explain what is meant by health information, of which protected health information is On June 26, 2013, in United States v. Windsor, the Supreme Court held section 3 of the Defense of Marriage Act (DOMA) to be unconstitutional. LESBIAN Many LGBTQ youth may also be rejected by their family of origin or caregivers and forced to leave the home as minors. Discrimination against LGBT persons in the workplace is a significant factor in socioeconomic differences for LGBT persons (McGarrity, 2014). To be unlawful, the conduct must be severe or pervasive when considered together with all other unwelcome conduct based on the individuals sex including gender identity, thereby creating a work environment that a reasonable person would consider intimidating, hostile, or offensive. In determining who is considered a personal representative, and thus able to act on behalf of an individual and exercise the individuals rights under HIPAA, the Privacy Rule generally looks to state laws governing which persons have authority to act on behalf of an individual in making decisions related to health care. About LGBTI people and human rights | OHCHR WebEvidence indicates individuals who identify as lesbian, gay, bisexual, and/or transgender (LGBTQ) are especially susceptible to socioeconomic disadvantages. The law respects the patients wishes on matters of privacy and confidentiality. is unnecessary and not the objective of the Privacy Rule. Status > Special Topics Webof LGBT persons remains legally permitted. WebEvidence indicates individuals who identify as lesbian, gay, bisexual, and/or transgender (LGBTQ) are especially susceptible to socioeconomic disadvantages. /* Status The federal privacy rules create certain protections against the disclosure of private information about patients, but those protections are not absolute. (2009). LGBTQ community rejects false association with jQuery( document ).ready(function($) { doi:10.1007/s10964-011-9681-3, Thomeer, M. B. Any gender information maintained or transmitted by an organization not covered by HIPAA is not PHI. Several factors that can help improve outcomes for LGBTQ+ young people include: Addressing LGBTQ+-related stigma, discrimination, and violence. Therefore, the answer to questions such as is gender a HIPAA identifier, is gender considered PHI, and is LGBTQ status considered PHI is that is can be depending on who is maintaining or transmitting the information and whether it is maintained or transmitted with health information. The term spouse includes all individuals who are in lawful marriages without regard to the sex of the individuals. endstream endobj startxref Under Executive Order 11246 and its implementing regulations, federal contracting agencies must include sexual orientation and gender identity as prohibited bases of discrimination in the Equal Opportunity Clause in federal contracts. A person who can form enduring physical, romantic, and/or emotional attractions to those of the same gender or more than one gender. To best understand what is considered Protect Health Information under HIPAA it is necessary to review not only the definition of Protected Health Information under HIPAA in 45 CFR 160.103, but also the definitions of health information, individually identifiable health information, and designated record set. WebFor instance, LGBTQ+ youth who have access to spaces that affirm their sexual orientation and gender identity report lower rates of attempting suicide 4 and experiencing supportive environments. There are numerous examples of what is not considered PHI under HIPAA. A lawful marriage is any marriage sanctioned by a state, territory, or a foreign jurisdiction as long as a U.S. jurisdiction would also recognize the marriage performed in the foreign jurisdiction. HIPAA protects all individually identifiable health information that relates to an individuals past, present, or future medical condition, treatment for medical conditions, and payment for treatments. PHI is an acronym of Protected Health Information, while PII is an acronym of Personally Identifiable Information. INTERSEX Sometimes shortened to ace, it is an umbrella term that can also include people who are demisexual, meaning they do experience some sexual attraction; graysexual, meaning those who may not fit the strictest definition of the word asexual; and aromantic, meaning they experience little to no romantic attraction and/or has little to no desire to form romantic relationships. The adjective describes people whose enduring physical, romantic, and/or emotional attractions are to people of the same sex. Aside from the confidentiality and disclosure of health information, the new federal rules describe a few related rights that patients may exercise: How can a patient complain if a provider has violated the privacy rules? Eighteen states have no laws prohibiting workplace discrimination against LGBTQpeople (Human Rights Campaign, 2015). Yes. The definition of a family member is relevant to the application of 164.510 (b) regarding permitted uses and disclosures of PHI related to another persons involvement in an individuals care, and for making notifications about the individuals location, general condition, or death. Therefore, the answer to questions such as is gender a HIPAA identifier, is gender considered PHI, and is LGBTQ status considered PHI is that is can be depending on who is maintaining or transmitting the information and whether it is maintained or transmitted with health information. Therefore, the answer to questions such as is gender a HIPAA identifier, is gender considered PHI, and is LGBTQ status considered PHI is that is can be depending on who is maintaining or transmitting the information and whether it is maintained or transmitted with health information. Although PHI is the more commonly used acronym in HIPAA, both PHI and IIHI are protected by the Privacy and Security Rules because they mean exactly the same thing. www.hipaadvisory.com Whether you are exploring coming out, looking to connect with other LGBTQ young people or want to take advantage of opportunities to prepare for your future, The Center provides services and programs specifically for LGBTQ young people. This is because, when taking the four definitions into account, it is easier to determine what information is protected under HIPAA and when. PHI Washington, DC: National Center for Transgender Equality and National Gay and Lesbian Task Force. But not all transgender people can or will take those steps, and a transgender identity is not dependent upon physical appearance or medical procedures. Under Executive Order 11246 and its implementing regulations, federal contracting agencies must include sexual orientation and gender identity as prohibited bases of discrimination in the Equal Opportunity Clause in federal contracts. CALL 833-ISAYGAY OR 833-SAYTGNC TO REPORT DISCRIMINATION IN FLORIDA, Disclosing Your Sexual Orientation or Gender Identity to Healthcare Providers: The Effect of New HIPAA Regulations, Call us or submit your legal questions online, 120 Wall Street, 19th Floor, New York, NY 10005, To provide treatment to the patient or to facilitate payment for that treatment, To share information with business associates who work with the provider, To report certain information, such as a diagnosis of AIDS or an incident of domestic violence, to relevant public health authorities when the law requires or permits such reporting, To assist a law enforcement investigation or to provide eligibility information to a public benefits program, For any purpose, as long as the information revealed by the provider does not identify the individual patient. Those who identify and express their gender outside of the gender binary. HHS Office for Civil Rights updates an Enforcement Highlights webpage on which it lists the compliance issues most often alleged in complaints in order of frequency. This fact sheet summarizes the new federal privacy rules and discusses how they regulate the communication of information regarding a patients sexual orientation or gender identity. American Journal of Public Health, 102, 2094-2101. doi:10.2105/AJPH.2012.300668, Gattis, M. N. (2009). 0 2. Protected Health Information WebThis umbrella term includes people who have nonbinary, gender-fluid, or gender nonconforming identities. This guidance also updates and expands on related guidance issued in September 2014. National recommended best practices for serving LGBT homeless youth. LvIK`(&HC R0d`vL_@q$[+"_H@T&30:?0 * WebHIPAA Identifiers. Research has shown that an increase in the minimum wage would reduce the poverty rate by 25 percent for same-sex/gender female couples and 30 percent for same-sex/gender male couples. However, if it is maintained in a separate database that does not contain health information (i.e., to accommodate transport requirements) it is not protected. Badgett, M. V. L. (2012). 3. Subject to limited exceptions, the Privacy Rule at 45 CFR 164.502(g) requires covered entities to treat an individuals personal representative as the individual with respect to uses and disclosures of the individuals protected health information and for purposes of exercising the individuals rights under the Privacy Rule. > Guidance on HIPAA, Same-sex Marriage, and Sharing Information, HIPAA and Marriage: Understanding Spouse, Family Member, Marriage, and Personal Representatives in the Privacy Rule. PHI (2015, July 16). APA Policy Statements on Socioeconomic Status, Advancing psychology to benefit society and improve lives. What rights do the new privacy rules grant to patients? Following are LGBT-specific fraternities. TTD Number: 1-800-537-7697, Guidance on HIPAA, Same-sex Marriage, and Sharing Information with Patients Loved Ones, Content created by Office for Civil Rights (OCR), U.S. Department of Health & Human Services, has sub items, about Compliance & Enforcement, has sub items, about Covered Entities & Business Associates, Other Administrative Simplification Rules, http://www.hhs.gov/hipaa/for-professionals/faq/2086/does-hipaa-privacy-rule-permit-doctor-discuss-patient-s-health-status.html. From LGBT-friendly hotels, bookstores and attractions to anonymous HIV testing sites, find out more about what NYC has to offer you. All geographical subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent geocodes. Stay up to date on legislation and policies that explore and work to eliminate socioeconomic disparities. Thus, SES is inherently related to the rights, quality of life, and general well-being of LGBTQ persons. 5. HIPAA protects the privacy of individually identifiable health information via the provisions of the Privacy Rule. > HIPAA Home American Journal of Public Health, 103, 881-888. doi:10.2105/AJPH.2012.301040. This is interesting because HIPAA defines health information as above but would appear to state it is HIPAA information when created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse. Our community faces numerous health disparities, including higher rates of drug and alcohol use. For more information about the regulations, we encourage you to visit any of these web sites: www.hhs.gov/ocr/ He is a specialist on healthcare industry legal and regulatory affairs, and has several years of experience writing about HIPAA and other related legal topics. WebThe core legal obligations of States with respect to protecting the human rights of LGBT people include obligations to: Protect individuals from homophobic and transphobic violence; Prevent torture and cruel, inhuman and degrading treatment; Repeal laws criminalizing same sex relations and transgender people Additional protections afforded by state laws: Second, some states have laws that provide additional protections for patients. (2014). 2023 Lesbian & Gay Community Services Center, Inc. Bureau of General Services Queer Division. Protected Health Information (PHI) is health information, including demographic data, created or received by a covered entity (such as any UNC Health entity hospital, clinic, department or workforce member of UNC Health or UNC SOM) which relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care by an individual and that identifies or can be used to identify the individual. The following 18 HIPAA identifiers will qualify as PHI if included in any written or electronic document or spoken conversation: Names.
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